Cynthia Franke

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Charge:	Financial exploitation of elderly
Sentence:	7 years
Years Imprisoned:	0.17
Year Crime:	2009
Year Convicted:	2013
Year Cleared:	2016
U.S. State or Country of Crime:	Florida
County or Region of Crime:	Broward
City of Crime:	Hollywood
Result:	Judicially Exonerated
Summary of Case:	"Cynthia Franke and her husband Tyrone Javellana were wrongly convicted on March 19, 2013 of financial exploitation of an elderly person in Broward County, Florida. The prosecution presented a circumstantial case to the jury that the couple conned a 94-year-old friend into signing over her $10 million estate to them. After the jury convicted Franke and Javellana, in April 2013 the judge sentenced both to seven years in prison, two years of house arrest, and 10 years probation. Franke was released on bond after two months in custody pending the outcome of her appeal, while Javellana remained in custody. On June 24, 2015 the Florida Fourth District Court of Appeal reversed Javellana's conviction based on insufficient evidence to prove his guilt beyond a reasonable doubt. The court's ruling stated: "... the web of circumstantial evidence introduced against the defendant did not refute the obvious hypothesis of innocence — that the defendant was simply helping Teris, someone he knew for many years, by serving as her occasional driver and witnessing the execution of document revisions at the office of Teris' attorney. Accordingly, we reverse and remand to the trial court to vacate the conviction, enter a judgment of acquittal as to the charged offense, and discharge the defendant." (Javellana v. State, 168 So.3d 283 (Fla. Dist Ct. of Appeals, 4th Dist., 2015) Javellana was released after more than two years in prison. On December 16, 2015 the Florida Fourth District Court of Appeal reversed Franke's conviction based on insufficient evidence of her guilt. On January 27, 2016 the appeals court denied the State's Motion for Rehearing and substituted a new written ruling for its December 16, 2015 ruling, while affirming its ruling that there was insufficient evidence of Franke's guilt. The Court ruled that, "Because the state's evidence was not inconsistent with her theory of innocence, we reverse," (Franke v. State, No. 4D13-1678 (Fla. Dist Ct. of Appeals, 4th Dist., 2016)"
Conviction Caused By:
Innocence Proved By:	"On December 16, 2015 the Florida Fourth District Court of Appeal reversed Franke's conviction based on insufficient evidence of her guilt. On January 27, 2016 the appeals court denied the State's Motion for Rehearing and substituted a new written ruling for its December 16, 2015 ruling, while affirming its ruling that there was insufficient evidence of Franke's guilt. The Court ruled that, "Because the state's evidence was not inconsistent with her theory of innocence, we reverse," (Franke v. State, No. 4D13-1678 (Fla. Dist Ct. of Appeals, 4th Dist., 2016)"
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	52
Age When Released:	52
Sex:	Female
Skin/Ethnicity:	White
Information Source 1:	"Cynthia Franke v. State of Florida, No. 4D13-1678 (Fla. Dist Ct. of Appeals, 4th Dist., 1-27-2016) (Denying State's Motion for Rehearing and substituting opinion for opinion of 12-16-2015) ("Because the state's evidence was not inconsistent with her theory of innocence, we reverse,")"
Information Location 1:	http://law.justia.com/cases/florida/fourth-district-court-of-appeal/2015/4d13-1678.html
Information Source 2:	"Hollywood broker cleared in elderly exploitation case, By Rafael Olmeda (Reporter), Sun Sentinel, December 16, 2015"
Information Location 2:	http://www.sun-sentinel.com/local/broward/fl-elderly-exploitation-conviction-overturned-20151216-story.html
Information Source 3:	"Broward couple sentenced in elderly exploitation case, By Rafael Olmeda (Reporter), Sun Sentinel, April 24, 2013"
Information Location 3:	http://articles.sun-sentinel.com/2013-04-24/news/fl-elderly-exploitation-sentencing-20130424_1_mary-teris-tyrone-javellana-cynthia-franke
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Cynthia Franke

Charge:

Financial exploitation of elderly

Sentence:

7 years

Years Imprisoned:

0.17

Year Crime:

2009

Year Convicted:

2013

Year Cleared:

2016

U.S. State or Country of Crime:

Florida

County or Region of Crime:

Broward

City of Crime:

Hollywood

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

52

Age When Released:

52

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Cynthia Franke v. State of Florida, No. 4D13-1678 (Fla. Dist Ct. of Appeals, 4th Dist., 1-27-2016) (Denying State's Motion for Rehearing and substituting opinion for opinion of 12-16-2015) ("Because the state's evidence was not inconsistent with her theory of innocence, we reverse,")"

Information Location 1:

http://law.justia.com/cases/florida/fourth-district-court-of-appeal/2015/4d13-1678.html

Information Source 2:

"Hollywood broker cleared in elderly exploitation case, By Rafael Olmeda (Reporter), Sun Sentinel, December 16, 2015"

Information Location 2:

http://www.sun-sentinel.com/local/broward/fl-elderly-exploitation-conviction-overturned-20151216-story.html

Information Source 3:

"Broward couple sentenced in elderly exploitation case, By Rafael Olmeda (Reporter), Sun Sentinel, April 24, 2013"

Information Location 3:

http://articles.sun-sentinel.com/2013-04-24/news/fl-elderly-exploitation-sentencing-20130424_1_mary-teris-tyrone-javellana-cynthia-franke

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